Opinion
2002-05127.
Decided December 15, 2003.
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Kreindler, J.), rendered May 15, 2002, convicting him of assault in the second degree, upon a jury verdict, and imposing sentence.
Carol Kahn, New York, N.Y., for appellant.
Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Thomas S. Burka of counsel), for respondent.
Before: NANCY E. SMITH, STEPHEN G. CRANE, JJ.
DECISION ORDER
ORDERED that the judgment is affirmed. The defendant's contention that the evidence was legally insufficient to prove his guilt beyond a reasonable doubt is unpreserved for appellate review ( see CPL 470.05; People v. Gray, 86 N.Y.2d 10, 19-20; People v. Udzinski, 146 A.D.2d 245, 250). In any event, viewing the evidence in the light most favorable to the prosecution ( see People v. Contes, 60 N.Y.2d 620), we find that it was legally sufficient to establish the defendant's guilt of assault in the second degree beyond a reasonable doubt ( see Penal Law § 120.05). The defendant participated in an attack with several accomplices. He restrained the victim while his accomplices, armed with blades, slashed her head, inflicting a 13-inch scalp laceration requiring 25 staples, and cut her face and lip, which required sutures. The defendant also cut the victim above the right buttock with a sharp object. Moreover, upon the exercise of our factual review power, we are satisfied that the verdict of guilt was not against the weight of the evidence ( see CPL 470.15).
The sentence imposed was not excessive ( see People v. Suitte, 90 A.D.2d 80). The defendant's remaining contentions either are unpreserved for appellate review or without merit.
PRUDENTI, P.J., ALTMAN, SMITH and CRANE, JJ., concur.